The Supreme Court decisions in Mayo Collaborative Services v Prometheus Laboratories Inc. (2012) Ass’n for Molecular Pathology v Myriad Genetics Inc. (2013) altered the scope of patentable subject matter by redefining patent eligible subject matter. While isolated DNA and methods of diagnosis remain patentable in most of the world, in the United States, the scope of such claims, which contributed to the success of biotechnology companies, has been limited.

Litigation stemming from filings of Abbreviated New Drug Applications was stable from 2007 through 2013, oscillating between 203 and 294 a year, which makes 2014’s jump to 432 cases stick out like a sore thumb. What isn’t so clear is what the increase stems from, and whether it’s a sign of things to come or a fluke.

After getting an earful from patent lawyers and biotech companies upset that the initial U.S. Patent and Trademark Office’s guidance on subject eligibility for naturally occurring products — think DNA and protein mutations — was released without first seeking comment, the office released a revised version in December.

Congress is considering controversial patent reform to reduce abusive practices by so-called “patent trolls,” people who build up a portfolio of broad-based patents with the aim of suing alleged infringers, as opposed to actually creating products with the patents.

With three pharmaceutical companies -- Teva Pharmaceutical Industries Ltd., Mylan NV and Perrigo Co. -- sparring over competing takeover bids, it’s not surprising that the three have hired firms big in the M&A space.

MONTPELIER, Vt. -- A Vermont law that could make the state the first in the country to require labeling of genetically modified food has been allowed to stand for now despite opposition by food industry groups.

Related Reports

The Daily Transcript honors Law Week with a weeklong series celebrating the business of law. Coverage includes stories on important issues like civil rights, real estate and construction, intellectual property, and legal education.

Archived Reports

The Daily Transcript honors Law Week with a weeklong series celebrating the business of law. Coverage includes stories on important issues like civil rights, real estate and construction, intellectual property, and legal education.